Please ensure Javascript is enabled for purposes of website accessibility

Motion for bail properly denied

Virginia Lawyers Weekly//April 25, 2022//

Motion for bail properly denied

Virginia Lawyers Weekly//April 25, 2022//

Listen to this article

The record supports the trial court’s decision to deny appellant’s motion for bail because, if released on bail, he would pose a danger to the community.

Danger to public

“[A] review of the Code § 19.2-120(B) factors demonstrates that the circuit court’s decision to deny appellant’s motion for bail had factual support in the record.

“The violent nature of appellant’s offenses, which were committed with a firearm, along with a social media posting about the offense and another posting where appellant displayed a firearm, in addition to appellant’s numerous pending charges in other jurisdictions, provided the circuit court with probable cause to believe that appellant’s liberty would constitute an unreasonable danger to the public.

“Thus, we reject appellant’s argument that the factors enumerated in subsection B of Code § 19.2-120 favored his admission to bail.

“Accordingly, because the record fairly supports the circuit court’s action, we conclude that the circuit court’s decision to deny pretrial bail did not constitute an abuse of discretion.”

Affirmed.

Billingsley v. Commonwealth, Record No. 0857-21-4, March 22, 2022. CAV (Malveaux, Chaney dissenting) from the Circuit Court of Fauquier County (Whisenant). Harold N. Ward Jr. for appellant. Lindsay M. Brooker for appellee. VLW 022-7-066, 12 pp. Unpublished opinion.

VLW 022-7-066

Verdicts & Settlements

See All Verdicts & Settlements

Opinion Digests

See All Digests